Right of Visit on the High Seas and Its New Developments: International Fisheries Management Practices

HUANG Shuolin ； SHEN Huihui ； WU Feng ； XIE Hongyue ； Perry Ackon

《中国海洋法学评论》 28期 (2018/12) Pp. 15-35

摘要

The right of visit means the right to approach, board and inspect a ship on the high seas that is reasonably suspected to be guilty of an international crime, or any other violation of international law. In the traditional law of the sea, this right does not apply to fishing vessels solely for the purpose of harvesting fish on the high seas. The Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, also called FSA, developed the concept of the right of visit on the high seas. This was done via expanding its application scope to include fishing vessels on the high seas, and by increasing the purpose and means of boarding, the objects subject to inspection and the responsibilities of the flag State in this regard. It is worth noting that the regional fisheries conventions and the practice of regional fisheries management organizations spearheaded and sustained the development of this very concept. Boarding and inspecting fishing vessels on the high seas has proved to be an effective measure to ensure compliance with conservation and management measures for high seas fisheries resources. After analyzing the progression of the right of visit on the high seas, this paper argues that the enforcement of boarding and inspection of foreign-flagged fishing vessels on the high seas by a State is likely to constitute a rule of customary international law. Based on that, the paper puts forward some suggestions for China to exercise the right to board foreign-flagged fishing vessels on the high seas.

關鍵字

Law of the sea ； High seas ； Right of visit ； Fishing vessel ； Regional fisheries organization